Illinois follows a modified comparative-fault rule. This means you can recover damages as long as you are not more than 50% at fault for the accident. However, if you are partially at fault, your compensation will be reduced by your percentage of fault.
If the accident was the result of an insured driver, you may be entitled to recover up to the policy limit of the at-fault driver’s insurance policy. However, if you were the victim of a hit-and-run accident—and the other driver cannot be found—you may also be entitled to financial relief from your own vehicle insurance policy’s uninsured motorist coverage
In some instances, where the at-fault driver carries a low insurance policy limit, you may also be entitled to recover under your own vehicle insurance policy’s underinsured motorist coverage.
For example, if the at-fault driver carries a $25,000 insurance policy, and you carry a $100,000 insurance policy, you would potentially be allowed to recover $25,000 from the at-fault driver (their policy limit) and then file an underinsured policy claim for $75,000 with your own insurance carrier (i.e. the difference between your insurance policy limit and the at-fault driver’s policy limit is the amount you can claim—hence the name under insured). You must exhaust the at-fault driver’s insurance policy limit before you can claim payment from your own underinsured insurance policy.
Your insurance policy may also contain a provision for Medical Payments (commonly referred to as “MedPay”), which can be used to offset medical expenses incurred in a vehicle accident, regardless of fault. However, MedPay must generally be reimbursed if there is a recovery from an at-fault driver’s policy.
Though the at-fault driver is oftentimes assumed to be solely responsible for an accident, in some circumstances, there may be additional responsible parties. For example, the at-fault driver’s employer, social host or restaurant establishment (i.e. a bar) may be responsible as well. A thorough investigation of an accident by our legal team often uncovers additional at-fault parties, which could increase the amount of compensation you are entitled to receive from an accident.
In Illinois, after a car accident, it’s crucial to understand your legal obligations regarding communication. You are required to exchange information with the other driver, including names, addresses, and insurance details. Additionally, Illinois law mandates that you report any accident involving injury, death, or property damage exceeding $1,500 (or $500 if any driver is uninsured) to the Illinois Department of Transportation within ten days. While you must notify your own insurance company promptly, you are under no legal obligation to provide a statement to the other driver’s insurance company. In fact, doing so without proper guidance can be detrimental, as their goal may be to minimize their liability. It’s advisable to consult with a personal injury attorney before engaging in any discussions with the opposing insurance company to ensure your rights are protected.
Victims of pedestrian accidents may be entitled to various forms of compensation, including, but not limited to:
These categories are not exclusive, and our lawyers will often find additional bases to claim damages from the at-fault parties.
With extensive experience in personal injury law, MST Law Firm is dedicated to fighting for justice on behalf of pedestrian accident victims. We offer:
In Illinois, there is a statute of limitations that determines the time frame within which you must file a personal injury claim following a pedestrian accident. Typically, in Illinois, you have two years from the date of the accident, or the date of a family member’s death, to file your claim. However, this time period may vary depending on the specific circumstances of your case.
If you fail to file your claim within the designated statute of limitations, you may lose your right to seek compensation. However, even when the statute of limitations has not expired, many lawyers will not accept a “stale” claim because they will not have had the opportunity to “work up” the case to their satisfaction. It is therefore imperative that you contact an attorney as soon as possible.
Failure to retain an attorney as soon as possible after an accident could impact your right to recovery and/or reduce the value of your case value. Contact MST Law if you or a loved one has been injured in a pedestrian accident.